New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Complex Lit Blog

Experts: Factual Basis for Expert Testimony Must Satisfy Court under Rules 104 and 703

From Medtronic, Inc. v. Boston Scientific Corp., 2011 U.S. Dist. LEXIS 33581 (D. Del. Mar. 30, 2011): As recognized by the United States Court of Appeals for the Third Circuit, while an expert's methodology is required to pass muster under Rule 702, the data underlying the expert's opinion must pass muster under Rules 104 and 703. ...
From Medtronic, Inc. v. Boston Scientific Corp., 2011 U.S. Dist. LEXIS 33581 (D. Del. Mar. 30, 2011): As recognized by the United States Court of Appeals for the Third Circuit, while an expert’s methodology is required to pass muster under…
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The Second Circuit’s “Inclusionary Rule” for Other Crimes Evidence under Rule 404(b)

From U.S. v. Aleynikov, 2011 U.S. Dist. LEXIS 33345 (S.D.N.Y. Mar. 16, 2011): Although evidence of other crimes "is not admissible to prove the character of a person in order to show action in conformity therewith," it can be used "for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, ...
From U.S. v. Aleynikov, 2011 U.S. Dist. LEXIS 33345 (S.D.N.Y. Mar. 16, 2011): Although evidence of other crimes “is not admissible to prove the character of a person in order to show action in conformity therewith,” it can be used…
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RICO: Economic “Extortion” under the Hobbs Act

From Rennell v. R. E. Fund Mgmt. Grp., LLC, 2011 U.S. App. LEXIS 6054 (7th Cir. Mar. 25, 2011): Distinguishing between hard bargaining and extortion can be difficult. See, e.g., Stuart P. Green, Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime ch. 17 (2006). But the Supreme Court's decision in United States v. Enmons ...
From Rennell v. R. E. Fund Mgmt. Grp., LLC, 2011 U.S. App. LEXIS 6054 (7th Cir. Mar. 25, 2011): Distinguishing between hard bargaining and extortion can be difficult. See, e.g., Stuart P. Green, Lying, Cheating, and Stealing: A Moral Theory…
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Journalist’s Privilege — Differing Levels of Protection for Confidential and Nonconfidential Information — Second Circuit Declines to Resolve Whether Privilege Derives from First Amendment

From United States v. Treacy, 2011 U.S. App. LEXIS 4623 (2d Cir. Mar. 9, 2011): It is settled law in this Circuit, at least in the civil context, that a journalist possesses a qualified privilege protecting him or her from the compelled disclosure of even nonconfidential materials. See Chevron Corp. v. Berlinger, 629 F.3d 297, 306-07 (2 ...
From United States v. Treacy, 2011 U.S. App. LEXIS 4623 (2d Cir. Mar. 9, 2011): It is settled law in this Circuit, at least in the civil context, that a journalist possesses a qualified privilege protecting him or her from…
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Removal: Motion to Dismiss May Serve as Consent — Reliance on Co-Defendants’ Brief May Suffice — Defect in Consent Curable within 30 Days of Filing It

Christiansen v. West Branch Community School Dist., 2011 U.S. Dist. LEXIS 32621 (N.D. Iowa Mar. 28, 2011): On September 17, 2010, Plaintiff filed a Petition at Law ("Complaint")*** in the Iowa District Court for Cedar County***. On September 20, 2010, Plaintiff filed an Amended Petition at Law ("Amended Complaint")***. On October ...
Christiansen v. West Branch Community School Dist., 2011 U.S. Dist. LEXIS 32621 (N.D. Iowa Mar. 28, 2011): On September 17, 2010, Plaintiff filed a Petition at Law (“Complaint”)*** in the Iowa District Court for Cedar County***. On September 20, 2010,…
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Rule 11 Does Not Confer a Cause of Action — Successive Complaints Stating Previously-Rejected Legal Theories = Harassment

From Corrigan v. Pflanz, 2011 U.S. App. LEXIS 5564 (9th Cir. Mar. 8, 2011): In these consolidated appeals, John L. Corrigan appeals pro se from the district court's judgment dismissing his action alleging that defendants abused Federal Rule of Civil Procedure 11 in two prior actions. *** The district court properly dismissed Corr ...
From Corrigan v. Pflanz, 2011 U.S. App. LEXIS 5564 (9th Cir. Mar. 8, 2011): In these consolidated appeals, John L. Corrigan appeals pro se from the district court’s judgment dismissing his action alleging that defendants abused Federal Rule of Civil…
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RICO Enterprise Not Stated by Rimless Hub-and-Spoke Configuration Where Members of the Alleged Association-in-Fact Enterprise Have No Relationships with One Another

From Mega Concrete, Inc. v. Smith, 2011 U.S. Dist. LEXIS 30789 (E.D. Pa. Mar. 23, 2011): Plaintiffs Mega Concrete, Inc., Mega Sitework, LLC, and Capponi Enterprises, Inc., filed suit against two former employees, Michael Smith and Kimberly Lawson, as well as six individual defendants and six corporate defendants, who they allege conspired ...
From Mega Concrete, Inc. v. Smith, 2011 U.S. Dist. LEXIS 30789 (E.D. Pa. Mar. 23, 2011): Plaintiffs Mega Concrete, Inc., Mega Sitework, LLC, and Capponi Enterprises, Inc., filed suit against two former employees, Michael Smith and Kimberly Lawson, as well…
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The Lawsuit Abuse Reduction Act of 2011

Download associated files: HR 966 Lawsuit Abuse Reduction Act of 2011.pdf, Rule 11 as Proposed to be Amended by LARA.pdf  Legislation has been introduced in Congress to reinstate, i ...
Download associated files: HR 966 Lawsuit Abuse Reduction Act of 2011.pdf, Rule 11 as Proposed to be Amended by LARA.pdf  Legislation has been introduced in Congress to reinstate, in a more aggressive form, the 1983 version of Federal…
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In Determining Arbitrability, Court Focuses on Factual Allegations of Complaint, Not Legal Claims

From E.S. Originals Inc. v. Totes Isotoner Corp., 734 F. Supp. 2d 523 (S.D.N.Y. 2010): "Because the arbitration clause is narrow, the next question is 'whether the dispute is over an issue that is on its face within the purview of the clause, or over some collateral issue that is somehow connected to the main agreement that contains ...
From E.S. Originals Inc. v. Totes Isotoner Corp., 734 F. Supp. 2d 523 (S.D.N.Y. 2010): “Because the arbitration clause is narrow, the next question is ‘whether the dispute is over an issue that is on its face within the purview…
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Connecticut Would Not Recognize Fiduciary Duty to Creditors when Corporation Is in Zone of Insolvency — Would Follow Lead of Delaware Supreme Court and S.D.N.Y.

From Master-Halco, Inc. v. Scillia, Dowling & Natarelli, LLC, 2010 U.S. Dist. LEXIS 142036 (D. Conn. April 5, 2010): The Court agrees with Defendants that Connecticut courts have not recognized a cause of action for breach of fiduciary duty on behalf of creditors against officers and directors of a debtor that is in the zone of insolvenc ...
From Master-Halco, Inc. v. Scillia, Dowling & Natarelli, LLC, 2010 U.S. Dist. LEXIS 142036 (D. Conn. April 5, 2010): The Court agrees with Defendants that Connecticut courts have not recognized a cause of action for breach of fiduciary duty on…
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Recent Posts

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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